How Hard Is It To Sign Up For Social Security Disability?

I was quite amazed at the response that I found at a forum for this question.

“An attorney will only help out with paperwork. That may be worthwhile as they know how things should be worded for SSA to be able to understand how disabled the individual is. My child is blind and we have filed two times and have been turned down two times. Each time the soc sec office was full of people that seemed physically ok. Do not be surprised if you are turned down, I have been told that it is routine. Keep applying”


First of all, regarding the "physically ok" comment, please remember that Social Security offices take care of much more than disability program claims. Many individuals are there to apply for Social Security cards, get replacement cards, or to file for other benefits, such as retirement and widow or widower’s benefits.

This person goes on to state that a lawyer might be useful in filling out paper work because they know how to word things so that Social Security can understand how debilitated an individual is. She mentions that she has applied for her blind son twice and been denied. Well perhaps she should think of appealing her son’s disability claim rather than continuing to file new initial disability claims. There is no doubt that it is more beneficial for a person to use the disability denial appeal process than filing a multitude of initial disability claims (and, yes, some people do file a multitude of new claims--as many as twenty--while never seeming to realize that they have the option to file an appeal).

This person is correct in stating that it is routine to receive disability claim denials and that is true; however it is just as routine for individuals to be approved for disability. Depending on the state in which you live, about thirty to forty percent of all initial disability claims are approvals. And while that still means sixty percent are denied, it is not as grim as most individuals think.

Unfortunately, many individuals who are denied initially do not file any appeals. And some never file again even when they have severe health problems.

Social Security disability is not hard to sign up for, nor is it impossible to win disability benefits, but an individual has to take the step to file or sign up for disability and then follow the disability appeal process if they are denied.

Using a Social Security representative or attorney can help with the filing of initial disability claims (especially for individuals with memory deficits and those with conditions of a cognitive or affective nature). And representatives can be especially helpful in filing disability appeals and, if necessary, presenting an individual’s disability claim in the most favorable manner at an administrative law judge disability hearing.

To reiterate:

1. If you get denied, don't keep applying. In most cases, if you keep applying, you'll keep getting denied. Instead, appeal the denial.

2. Denials on social security disability and SSI claims are not a matter of standard procedure, meaning there is no "automatic denial system". A large percentage of claims do get approved at the initial claim level. On the flip side, more claims get denied than get approved which is why claimants should prepare for this possibility.

3. Disability representatives at the hearing level do quite a bit more than simply "filling out paperwork". They assemble a presentation of the case that is optimized for winning a claim. Statistically, represented claimants have about a fifty percent greater chance of winning at a disability hearing than unrepresented claimants.





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When is a person considered disabled by social security disability or SSI?
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Social Security Disability Secrets

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What is the Maximum You Can Earn While Applying For Social Security Disability?

Social Security is a total disability program, which means that you can only earn so much money and still be able to be considered eligible to apply for Social Security disability benefits.

The definition of disability for Social Security requires that an applicant has been unable to work at a substantial gainful work activity level for the past twelve months, or expects to be unable to work at this level for twelve months, or has a condition that is expected to result in death.

Looking at the Social Security definition of disability, you can clearly see that there are limitations to the amount of earnings a person can have while being eligible to either apply for disability (or receive disability benefits).

What is the earnings limit? Each year, Social Security sets a monthly gross earnings amount that it is considered equivalent to substantial gainful work activity (SGA), and if an individual exceeds that monthly amount their disability claim will be denied without a medical determination.

If an individual is working, can they apply for disability benefits and receive a medical determination? Yes, if their earnings are under the substantial gainful activity amount. However, they must provide Social Security with information about their work activity such as the hours they work and rate of pay so that an SGA (substantial gainful activity) determination can be included with the disability claim.

If a person is self-employed, Social Security will have to address the amount of hours that the individual works at their business and their net self-employment earnings.

Self employed or corporate officers may be denied, even if they are not taking any money from the business, if the worth of their work as performed in the local economy is over the SGA monthly limit.

If an individual is contemplating filing for disability, they should check with their local Social Security office to ascertain what the current monthly SGA amount is prior to making their disability appointment. If they are earning over that amount monthly, there is very little use in filing an application for disability benefits until A) they stop work or B) their gross monthly earnings are under the substantial work activity limit.







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Why Will A Social Security Disability Application Get Denied?

There are basically two types of disability application denials: technical and medical. If a disability application is denied for technical reasons, the application will never be sent for a medical determination. Technical denials include lack of insured status denials, performance of SGA denials, and res judicata denials.


The first type

1. Lack of insured status denial- A disability denial that is based upon an individual not having earned enough quarters of coverage to be insured for disability benefits. Quarters of coverage can be earned at a rate of four per year provided an individual has earned enough money for that year. An individual’s age at the time of they became disabled determines how many quarters of coverage are needed to be eligible for Social Security disability.

2. Performance of SGA denial- Each year Social Security determines a gross monthly earnings amount that it considers to equate with substantial gainful work activity. If an individual is earning over this amount, their disability claim will be denied.

3. Res judicata denial- A disability denial that is based upon a decision made in the past that was after the date an individual was last insured for Social Security disability. If the person has no new work activity, Social Security deems the Social Security disability issue closed.

4. Failure to cooperate denial- This is a denial that is based upon an individual’s failure to provide information or paperwork that is necessary to process their disability claim (whether or not a failure to cooperate denial is technical or medical will depend on where it occurs, i.e. at the social security field office or at the disability determination services agency).

The second type

The second type of denial is a medical denial. Medical denial decisions are made by disability examiners at the state disability agency and are based upon an individual’s medical impairment, residual functional capacity, work history, age, and education. Disability examiners can also deny a claim for failure to cooperate if an individual does not provide them with information or fails to attend a consultative examination, and these denials are considered medical denials.




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Social Security Disability Benefit Questions

Applying for Social Security Disability and Schizophrenia

Here's an excerpt from the page on this site that deals with the schizophrenia listing in the social security disability list of impairments, otherwise known as the blue book. This is the manual used by both disability examiners and administrative law judges to determine if claimants are eligible for disability based on equaling or meeting the criteria established for a specific physical or mental impairment.

Schizophrenia is a medical condition listed in the official Social Security official list of impairments, or the blue book, as it is more commonly called. Schizophrenia falls under heading 12.03, Schizophrenic, Paranoid, and Other Psychotic Disorders, and the criteria that must be proven to meet this listing are complex, to say the least. In fact, the description of schizophrenia listed in the blue book is complicated enough to make this condition a perfect example of why so many who file for Social Security Disability (SSD) or SSI can benefit from legal representation at the hearing level where a federal judge presides.

The rest of the page can be viewed at this link: Social Security Disability and Schizophrenia

Here are some other pages from the site that may be relevant and useful.

1. Mental Illness and Social Security Disability

Excerpt: "Disability examiners are not licensed psychiatrists, and do not always understand the full scope of the limitations imposed by certain mental illnesses. For instance, some disability examiners do not recognize the cyclical nature of mental illnesses"

2. How Do You Pass a Social Security Mental Exam?

Excerpt: "Consultative mental examinations (CE appointments) are often used if an individual has no current mental health treatment notes or no record of mental health treatment at all. As you might imagine, these types of examinations are typically a poor substitute for a documented history from a mental health professional"

3. Not alleging mental conditions on a social security disability application

"Why do some claimants fail to disclose all their conditions when they file an initial claim for benefits. The reasons probably vary. In some cases, a claimant may believe that, though they are treated for a mood disorder, or other psychiatric impairment, the severity of the condition may not warrant an approval for disability benefits"





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Applying for Disability Through SSI, it is Evaluated The Same as SSD

Social Security administers two disability programs: Social Security Disability (SSD) and Supplemental Security Income disability (SSI). Social Security disability is based upon an individual’s insured status (insured status is earned through work); conversely Supplemental Security Income disability is strictly a need-based program. Naturally, each disability program has its own non-disability rules and guidelines that must be met.

That being said, Social Security uses the same disability medical decision-making process for both programs. In fact, many disability applicants file for SSD and SSI simultaneously and one medical determination is made for both programs.

So just how does the Social Security disability evaluation process work? All Social Security disability applicants must file a disability claim, and this can be done via the internet, phone or an in-office disability appointment at your local Social Security office.

If an applicant chooses to file their disability claim via the internet, they will only be able to file for Social Security disability. Consequently, if an applicant wishes to file for SSI in addition to SSD, they should file their disability claim via a phone interview or in office interview.

Additionally and very importantly (since many applicants miss this), if an applicant files an internet disability claim, they should complete the disability medical forms as well.

A word of caution, a completed medical disability form does not give a protected filing date, so it is important to complete the online disability application as well. For the time being, Social Security in-office interviews and telephone interviews are the most comprehensive methods of completing the needed disability information.

Not matter which method of interview an applicant chooses, the completed disability claim is set to a state agency responsible for making Social Security medical determinations for a decision. Disability examiners develop disability claims through acquiring medical records, questionnaires (from you and a third party), and consultative medical and/or mental examinations.

Once the disability examiner has all the necessary development complete, they will make a disability decision for both SSD and SSI. If an applicant receives a denial for disability benefits, they can appeal the denial. Once again, Social Security uses the same disability process for both SSI and SSD.

In conclusion, Social Security uses the same application and medical disability determination process for both SSD and SSI.






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What Are The Steps to Applying for Disability?

In order to apply for benefits from a disability program administered by the Social Security Administration, you must meet certain disability criteria.

For instance, you must have a medically determinable medical and/or mental condition that is verified by objective medical findings (i.e. various medical tests, psychological testing, or psychiatric evaluations). Additionally, you must have been unable to perform substantial work activity for twelve months (or expect to be unable to perform work activity for twelve months) as a result of your disabling impairment, or impairments, or your condition must be expected to result in death.

If you meet the general disability criteria for one of the two SSA disability programs (those programs being social security disability and SSI disability), what are the steps to actually applying for disability?

Generally, the first step to the disability process is to contact Social Security for a disability interview, either by phone or in person at your local Social Security office.

Recently, Social Security has begun to allow individuals to file their Social Security disability claim online. Although this is convenient, you should consider the fact that you cannot file for SSI online at this time (many individuals will not know beforehand if their application for disability will be for SSI, SSD, or will be concurrent meaning than an application will be taken in both programs). You also must fill out all the necessary disability forms and return your medical release forms to Social Security even if you file your claim online.

Basically, it is your choice as to how you complete your disability interview. However, you may wish to consider the fact that you will probably have questions about filing and about the process of being evaluated that you would like to receive immediate answers to. If that's the case, you may wish to opt for an in-person interview and application---which may be obtained by simply contacting a local social security office and scheduling an appointment.

Once you have completed the initial disability interview, your claim will be sent to a state disability agency for processing. During this time, you may be required to provide other information in order for the disability examiner to make a medical determination.

When applying for Social Security disability, it is important to provide all the necessary information timely and completely. This may mean that you may have to fill out additional forms (and return them) or attend a consultative examination. And, if you fail to do so, your disability claim may be denied.

The disability application process does not end with the initial disability interview; rather it is an ongoing process that only ends when you have won your disability benefits. This may mean that you have to appeal your initial disability decision, if you are denied.

The Social Security disability appeal process, of course, can be a lengthy one that requires you to file paperwork timely and perhaps even attend an administrative law judge hearing. Currently, nearly three-quarters of all disability applications are, in fact, denied. And most claimants who eventually win their disability benefits only receive them after having appealed their claim to the level of a disability hearing before an administrative law judge.





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Additional Posts

Social Security Disability and SSI Criteria
What to bring to a social security disability interview
Social Security Disability Phone Interview
The disability hearing and the administrative law judge
How to file a request for a social security disability hearing?

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